HomeMy WebLinkAboutDriveway Access Easement Declaration -- Phase 2 V1- 1 (E IDI� I.A\ — ADA COUNTY RECORDER Phil McGrane 2022-002552
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APPROVED CLARK WARDLE LLP $40.00
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01/28/22 rding
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lark
Clark Wardle LLP
P.O. Box 639
Boise, ID 83701
FOR RECORDING INFORMATION
DRIVEWAY ACCESS EASEMENT DECLARATION
(Lavender Heights — Phase 2)
This DRIVEWAY ACCESS EASEMENT DECLARATION (this "Declaration") is made as of the
7th day of January 2022, by LH Development, LLC, an Idaho limited liability company ("Declarant").
RECITALS
A. Declarant is the owner of certain real property located within a residential subdivision in
Ada County, Idaho, to be known as Lavender Heights Subdivision No. 2 (the "Subdivision"). The
Subdivision has not yet been platted but is legally described on Exhibit A attached hereto and
incorporated herein.
B. Certain lots within the Subdivision shall be accessed by shared driveways, as further
defined herein.
C. Declarant desires to declare easements for the purposes of ingress and egress across
such shared driveways, under the terms and conditions set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the terms of this Declaration, in consideration of the
recitals above which are incorporated below, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Declarant declares and grants as follows:
1. Declaration of Driveway Easements. Declarant hereby grants, conveys, and sets over
unto the current and future owners, their licensees and invitees, as grantees, for their mutual benefit,
perpetual, nonexclusive easements for pedestrian and vehicular access across their portions of the
Subdivision (collectively, the "Shared Driveway Easements") as follows:
a. Lots 31, 32, 33, and 34, of Block 9 of the Subdivision shall be accessed via a shared
driveway located over a portion of Lots 31 and 34 of Block 9 of the Subdivision, as
more particularly described and depicted as "Easement A' on Exhibit B, attached
hereto and made a part hereof.
b. Lots 27, 28, 29, and 30, of Block 9 of the Subdivision shall be accessed via a shared
driveway located over a portion of Lots 27 and 30 of Block 9 of the Subdivision, as
more particularly described and depicted as "Easement B" on Exhibit B.
c. Lots 23, 24, 25, and 26, of Block 9 of the Subdivision shall be accessed via a shared
driveway located over a portion of Lots 23 and 26 of the Subdivision, as more
particularly described and depicted as "Easement C" on Exhibit B.
The Shared Driveway Easements shall run with the land and are perpetual on, over, across, and through
the locations described herein.
DRIVEWAY ACCESS EASEMENT DECLARATION (PHASE 2) - 1
4873-8571-3672, v. 2
APPROVED
DAT 01/28/22 2. Scope of Easement. Each Shared Driveway Easement shall be kept free and open and
Declarant, nor its permittees shall prohibit or attempt to prohibit the use of the Shared Driveway
'u`a;e;FPS 2 '-0055 nts for the purposes herein described. No barriers, structures or other obstructions shall be
installed, constructed or located within the Driveway Easement.
3. Maintenance. Initial construction of the Shared Driveway Easements shall be
undertaken by Declarant or subsequent owners in accordance with the requirements of the City of
Meridian, Idaho. Subsequent maintenance of each of the Shared Driveway Easements shall be the joint
responsibility of the owners of the benefitted lots as outlined below (each, an "Owner"), including their
heirs, assigns, and successors. The Owners shall be jointly responsible for timely removing snow, ice,
and any other hazards from the surface of their respective driveway. The cost and expense of any
maintenance, repair, and/or replacement of each driveway shall be split equally between the Owners, as
further outlined below, and the party making such maintenance, repair, and/or maintenance shall be split
equally between the Owners, and the party making such maintenance, repair, and/or replacement shall
be authorized by the other Owners prior to undertaking such work. Each Owner shall be required to pay
their share of costs and expenses within ten (10) days of receiving an invoice therefor.
a. The Owners of Lots 31, 32, 33, and 34, of Block 9 of the Subdivision shall be jointly
and equally responsible for the maintenance of Easement A.
b. The Owners of Lots 27, 28, 29, and 30, of Block 9 of the Subdivision shall be jointly
and equally responsible for the maintenance of Easement B.
c. The Owners of Lots 23, 24, 25, and 26, of Block 9 of the Subdivision shall be jointly
and equally responsible for the maintenance of Easement C.
4. Insurance and Indemnities. Each of the Owners shall keep in effect liability insurance
on their respective parcels, which shall include coverage for their use, and that of their permittees, of the
Shared Driveway Easements. Each of the Owners agrees to indemnify, defend, and hold harmless the
other Owner and the owner of the real property on which the Shared Driveway Easements are located
against any and all liability, claims, damages, expenses (including reasonable attorneys' fees on appeal),
judgments, proceedings, and causes of action for injury to or death of any person, or damage to or
destruction of any property, arising from the use of the Shared Driveway Easements as a result of any act
or omission of the indemnifying Owner or its permittees. The Owners and their permittees shall use the
Shared Driveway Easements at their own risk and hazard. No Owner or owner of the real property on
which the Shared Driveway Easements are located shall be liable for any damage or loss of any kind that
may be suffered by any person using the Shared Driveway Easements including their permittees or the
permittees of the other Owner. All persons, including the Owners, by their use of the Shared Driveway
Easements, shall be deemed to have consented to the provision of this paragraph, and waive any claim
they may have for any such liability, and agree to waive all claims arising from the use of the Shared
Driveway Easements and to further release and hold harmless each other, as applicable.
5. No Public Rights. Nothing contained herein shall, or shall be deemed to, constitute a
gift or dedication of any portion of the Shared Driveway Easements or the servient estate encumbered by
the Shared Driveway Easements to the general public for the benefit of the general public or for any
public purpose whatsoever, it being the intention that the provisions set forth herein shall be strictly limited
to and for the purposes expressed herein. Declarant and/or the Owners and/or the owners of the real
property on which the Shared Driveway Easements are located shall be permitted, from time to time, to
take whatever reasonable action they may deem necessary to prevent any portion of the Shared
Driveway Easements or the servient estate encumbered by the Shared Driveway Easements from being
dedicated or taken for public use or benefit
6. Defaults; Remedies. No breach of any provision herein contained shall result in the
cancellation, rescission or termination of this Declaration. In the event of any violation or threatened
violation by any person of this Declaration, the Declarant or the individual Owners, and no others, shall
have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. The
right of injunction shall be in addition to all other remedies set forth in this Declaration or provided by law
DRIVEWAY ACCESS EASEMENT DECLARATION (PHASE 2) - 2
4873-8571-3672, v. 2
zazvaossAPPROVED
DAT ov28/22
`I SCE U69BER'Fas-
7. Dispute Resolution. In the event that a dispute arises between the Owners or the
of real property on which the Shared Driveway Easements are located regarding application or
in erpretation of any provision of this Declaration or an Owner's performance of any obligations under this
Declaration, the parties shall first endeavor to settle the dispute in an amicable manner by mediation.
The parties shall select a mediator by mutual agreement and agree to each pay one -quarter (1/4) of the
mediator's costs and fees. The mediation will take place in at a location agreed to by the parties in
writing. Should the parties be unable to resolve the dispute to their mutual satisfaction within forty-five
(45) days after such completion of mediation, each party shall have the right to pursue any rights or
remedies it may have at law or in equity
8. Governing Law. This Declaration shall be governed by, construed and enforced in
accordance with the laws of the State of Idaho.
9. Waiver. Any waiver by the Declarant or any of the Owners shall apply to the particular
instance and at the particular time only, and no waiver shall be deemed a continuing one, or as applying
to any other provision hereof or other prior, contemporaneous or subsequent breach or other available
right or remedy.
10. Severability. If any provision of this Declaration shall be judicially determined to be
invalid, illegal, or unenforceable in any respect, the remaining provisions hereof shall not be affected
thereby and shall continue in full force and effect.
11. Headings. The headings contained in this Declaration have been inserted for
convenience only, and do not in any way define, limit, enlarge, modify or describe the scope or intent of
any provision hereof and shall not be considered when interpreting or construing the same.
12. No Merger. There shall be no merger or extinguishment of this Declaration or the
Shared Driveway Easement created hereby with the fee simple estate of either property or any portion
thereof or any interest therein by reason of the fact that the same person or other entity may acquire, own
or hold, directly or indirectly, the entire fee simple estate of both properties.
13. Covenants Running with Land; Binding Effect. The Shared Driveway Easements
hereby granted, the restrictions hereby imposed, and the agreements herein contained shall be
easements, restrictions and covenants running with the land and shall inure to the benefit of, and be
binding upon the Owners and their respective heirs, successors and assigns.
14. Modification of Declaration. The Shared Driveway Easements are intended to be
permanent, and this Declaration shall not be modified, amended or removed without the prior written
consent of the Declarant and thereafter by unanimous written consent of each of the Owners, or their
successors and assigns at the time of modification.
[end of text; signatures to follow]
DRIVEWAY ACCESS EASEMENT DECLARATION (PHASE 2) - 3
4873-8571-3672, v. 2
APPROVED
DA EI 01/28/22
4 WITNESS WHEREOF, the undersigned has approved and caused this Declaration to be
the day and year first above written.
DECLARANT:
ACKNOWLEDGMENT
STATE OF IDAHO )
) ss.
County of )
This document was acknowledged before me on Z2, (date) by
Y as of LH Developmen , LLC.
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Q T. 0. %S Notary Public fo Idaho
Residing at
My commission expires: llh30
List of Exhibits: "�/ yr `� 0`
Exhibit A — Legal Descnp?M91tavender Heights Subdivision No. 2
Exhibit B — Legal Description and Depiction of Easements A, B, and C
DRIVEWAY ACCESS EASEMENT DECLARATION (PHASE 2) - 4
4873-8571-3672, v. 2
APPROVED
DA EI 01/28/22
EXHIBIT A
Legal Description of Lavender Heights Subdivision No. 2
9 AFMEL OF LAND LOCATED IN THE SE'/OF THE SW'/4 OF SECTION 32, TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MONUMENT MARKING THE SOUTHWEST CORNER OF THE SW '/ OF
SAID SECTION 32, FROM WHICH AN ALUMINUM CAP MONUMENT MARKING THE NORTHWEST CORNER
OF SAID SW'/4 BEARS N 0*32'17" W A DISTANCE OF 2700.11 FEET;
THENCE S 89°57'01" E ALONG THE SOUTHERLY BOUNDARY OF SAID SW%A DISTANCE OF 1331.91
FEET TO A 5/8 INCH IRON PIN MONUMENT MARKING THE SOUTHWEST CORNER OF THE SE'/4 OF SAID
SW Y4;
THENCE S 89°58'24" E ALONG THE SOUTHERLY BOUNDARY OF THE SE '/4 OF SAID SW '/4 A DISTANCE
OF 1331.96 FEET TO A BRASS CAP MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SE'/ OF
THE SW '/, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF LAVENDER HEIGHTS
SUBDIVISION NO. 1 AS SHOWN IN BOOK 122 OF PLATS AT PAGES 19137 THROUGH 19140, RECORDS
OF ADA COUNTY, IDAHO;
THENCE N 0°12'02" E ALONG THE EASTERLY BOUNDARY OF SAID SE'/4 OF THE SW'/4 AND OF SAID
LAVENDER HEIGHTS SUBDIVISION NO. 1 A DISTANCE OF 75.00 FEET TO AN ANGLE POINT ON THE
EASTERLY BOUNDARY OF SAID SUBDIVISION BEING THE POINT OF BEGINNING;
THENCE ALONG SAID SUBDIVISION BOUNDARY THE FOLLOWING COURSES AND DISTANCES:
THENCE N 89°58'24" W A DISTANCE OF 324.81 FEET TO A POINT;
THENCE N 75°33'08" W A DISTANCE OF 240.73 FEET TO A POINT;
THENCE LEAVING SAID BOUNDARY N 0°01'36" E A DISTANCE OF 82.60 FEET TO A POINT;
THENCE N 75°33'08" W A DISTANCE OF 68.34 FEET TO A POINT ON THE EASTERLY BOUNDARY OF
SAID LAVENDER HEIGHTS SUBDIVISION NO. 1;
THENCE ALONG SAID SUBDIVISION BOUNDARY THE FOLLOWING COURSES AND DISTANCES:
THENCE N 14°26'52" E A DISTANCE OF 150.00 FEET TO A POINT;
THENCE S 75°33'08" E A DISTANCE OF 15.00 FEET TO A POINT;
THENCE N 14°26'52" E A DISTANCE OF 361.00 FEET TO A POINT;
THENCE N 75°33'08" W A DISTANCE OF 23.13 FEET TO A POINT;
THENCE N 14°26'52" E A DISTANCE OF 68.04 FEET TO A POINT;
THENCE N 0°10'09" E A DISTANCE 290.00 FEET TO A POINT;
THENCE S 89°49'51" E A DISTANCE OF 110.00 FEET TO A POINT;
THENCE S 0°10'09" W A DISTANCE OF 10.00 FEET TO A POINT;
THENCE S 89°49'51" E A DISTANCE OF 200.15 FEET TO A POINT;
THENCE S 0°12'02" W A DISTANCE OF 230.95 FEET TO A POINT;
THENCE S 89°47'58" E A DISTANCE OF 180.00 FEET TO A POINT ON THE EAST BOUNDARY OF SAID SE
1/4 OF THE SW 1/4;
EXHIBIT A -1
4873-8571-3672, v. 2
E IDI� 11
APPROVED
DAT 01/28/22
:AVING SAID SUBDIVISION BOUNDARY AND ALONG SAID EAST BOUNDARY S 0°12102" W A
OF 770.13 FEET TO THE POINT OF BEGINNING.
EL CONTAINS 11.15 ACRES MORE OR LESS.
EXHIBIT A - 2
4873-8571-3672, v. 2
E IDI� 11
APPROVED
DAT 01/28/22
J CL 9U61B: R'FPS -22 —1
Depiction of Lavender Heights Subdivision No. 2
LAVOW HOQ11S S11BpM90N N0. 1
MW W. PAMS 19137-19140
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Boat 124 PMM 19137-1914D
E. LAKE HAZEL RD. Sa 5M"E W.96
EXHIBIT A — 3
4873-8571-3672, v. 2
POW OF
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APPROVED
DA EI 01/28/22
EXHIBIT B
Legal Description and Depiction of Shared Driveway Easements
Legal Description
Shared Driveway Easements
Lavender Heights Subdivision No. 2
.Easements being located in the SE % of the SW % of Section 32, Township 3 North, Range
1 East, Boise Meridian, City of Meridian, Ada County, Idaho, covering portions on the
Proposed Lots 24, 25, 28, 29, 32, and 33 of Block 9 of the Proposed Lavender Heights
Subdivision No. 2, to be recorded in the office of the Ada County Recorder, and more
particularly described as follows:
EASEMENT A
Commencing at a Brass Cap monument marking the southwest corner of the SW % of said
Section 32, from which an Aluminum cap monument marking the northwest comer of said
SW % bears N 0932'17" W a distance of 2700.11 feet;
Thence S 89°57'01" E along the southerly boundary of said SW % a distance of 1331.91 feet
to a 5/8 inch iron pin monument marking the southwest corner of the SE % of said SW A
Thence S 89°5824' E along the southerly boundary of said SE % of the SW % a distance of
794.38 feet to a point;
Thence leaving said boundary N 0901'36" E a distance of 269.16 feet to the POINT OF
BEGINNING;
Thence N 75°33'08" W a distance of 20.00 feet to a point;
Thence N 14926'52" E, being partially along the westerly boundary of said Proposed Lot 33
of Block 9, a distance of 95.00 feet to the northwesterly corner of said Proposed Lot 33;
Thence along the northerly boundary of said Proposed Lot 33 and 32 of Block 9 S 75°33'08"
E a distance of 20.00 feet to the northeasterly comer of said Proposed Lot 32;
Thence S 14°26'52' W, being partially along the easterly boundary of said Proposed Lot 32,
a distance of 95.00 feet to the POINT OF BEGINNING.
Said Easement A contains 1.900 square feet (0.044) acres and is subject to any other
easements existing or in use.
EASEMENT B
Commencing at a Brass Cap monument marking the southwest comer of the SW % of said
Section 32, from which an Aluminum cap monument marking the northwest comer of said
SW % bears N 00321 i W a distance of 2700.11 feet;
Thence S 89"57'01" E along the southerly boundary of said SW Y4 a distance of 1331.91 feet
to a 5/8 inch iron pin monument marking the southwest corner of the SE % of said SW %;
„ llutl n Lave r Net Driveway Ift lionEaseNo 2
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Job No. 17 5b
Pap 1of3
EXHIBIT B —1
4873-8571-3672, v. 2
APPROVED
DAT 01/28/22
Thence S 89958'24" E along the southerly boundary of said SE % of the SW'/< a distance of
920.29 feet to a point;
Thence leaving said boundary N 0001'36" E a distance of 236.79 feet to the POINT OF
BEGINNING;
Thence N 75033'08" W a distance of 20,00 feet to a point;
Thence N 14°26'6T E, being partially along the westerly boundary of said Proposed Lot 29
of Block 9, a distance of 95,00 feet to the northwesterly corner of said Proposed Lot 29;
Thence along the northerly boundary of said Proposed Lot 29 and 28 of Block 9 S 75'33'08"
E a distance of 20.00 fleet to the northeasterly corner of said Proposed Lot 28;
Thence S 14°26'52" W, being partially along the easterly boundary of said Proposed Lot 28,
a distance of 95.00 feet to the POINT OF BEGINNING,
Said Easement B contains 1,900 square feet (0.044) acres and is subject to any other
easements existing or In use.
EASEMENT C
Commencing at a Brass Cap monument marking the southwest corner of the SW % of said
Secfion 32, from which an Aluminum cap monument marking the northwest comer of said
SW % bears N 003217" W a distance of 2700.11 feet;
Thence S 89°57'01" E along the southerly boundary of said SW % a distance of 1331.91 feet
to a 5/8 inch Iron pin monument marking the southwest corner of the SE % of said SW'/4;
Thence S 89°58'24" E along the southerly boundary of said SE'/4 of the SW % a distance of
1046.19 feet to a point;
Thence leaving said boundary N 0°01'36" E a distance of 204,41 feet to the POINT OF
BEGINNING;
Thence N 75°33'08" W a distance of 20.00 feet to a point;
Thence N 14°25'52" E, being partially along the westerly boundary of said Proposed Lot 25
of Block 9, a distance of 95.00 feet to the northwesterly corner of said Proposed Lot 25;
Thence along the northerly boundary of said Proposed Lot 25 and 24 of Block 9 S 75°33'08'
E a distance of 20.00 feet to the northeasterly corner of said Proposed Lot 24;
Thence S 14026'52' W, being partially along the easterly boundary of said Proposed Lot 24,
a distance of 95.00 feet to the POINT OF BEGINNING.
�. S Odveway Easements
Wa olw .i o Lavender Heights Ssdxi"1on No. 2
Job No. 1745
Page 2 or 3
EXHIBIT B — 2
4873-8571-3672, v. 2
APPROVED
DAT 01/28/22
J %Ui,JBLR: FPS -z---1 d Easement C contains 1,900 square feet (0,044) acres and is subject to any other
ements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
December 6, 2021
Driveway Easements
Lavender Weights Subdvision No 2
Job No 11.55
Page 3of3
EXHIBIT B — 3
4873-8571-3672, v. 2
E IDI� 11
APPROVED
DA E: 01/28/22
.j ;UtjB;R.FPS 202,--1 LAVENDER HEIGHTS SUBDIVISION NO. 2
SHARED DRIVEWAY EASEMENTS - EXHIBIT
LOCATED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 32, T.3N., RAE., B,M,
MERIDIAN, ADA COUNTY, IDAHO
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EXHIBIT B — 4
4873-8571-3672, v. 2
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